Are judges allowed to do this ?


Hello All,

Summary- I and wife belongs to MP got married Jun 2005 hindu marriage act, arranged one. Post marriage we lived only in karnataka due to my job. Apr 2013 i've filed divorce case and child custody case for my 7 yrs old daughter. Wife has deserted and was at her native at MP then. She then filed obvious counter cases DV and maintenance u/s 125. She filed for transferring karnataka cases filed by me to MP. On my objection SC transferred both the karnataka cases to Hyderabad the neutral location. MP cases are still running at MP family courts.

My problem is related to maintenance case running at MP. post SC order to hyderabad we asked the same thing at MP court to decide the jurisdiction before proceedings but unfortunately court didn’t listen and we approached High court, MP for deciding the jurisdiction of the case . High court gave order to lower court to decide the jurisdiction before continuing the proceedings. Today (17-Apr) was the hearing and we were prepared to give the HC order to the court. But to our surprise there was transfer of the judge and new judge was present. New judge mentioned that on the last hearing previous judge has written the order in the file - "as per the Supreme court order this case jurisdiction is at MP". On the last hearing my advocate was also present and this was not discussed with the advocate and not even informed. But the fact is there is no SC order in the file that new judge has confirmed and shown helplessness stating i cant change that and suggested us to go to the high court for the same to get the stay on his order.

Questions-

1. Other than going to High court any other speedy option to stay the proceedings at MP?

2. Was the previous judge correct on his conduct/order in anyways?

3. if not can I file any kind of complaint against him? Vigilance or high court or Supreme Court?

Anything else you may find helpful please share.


Thanks much in advance for the help.

 

 

 

 
Reply   
 
Senior Partner

1. If it is Family Court matter and matter heard by Addl. Principal Judge then approach Principal Judge with material FACTS. If not, then only option is to approach State's HC with humble prayer to stay of NDOH by pleading urgency.

2. No.

3. Yes, a litigant who has been wronged due to no fault of his can always approach Vigilance Branch as per Rules with his grievances.

 


BTW, if you tell us you got suit matter transferred from Hon’ble SC then my opinion is that, you should have asked these three questions to same ld. advocate.

[Last reply]

 
Reply   
 


Advocate/Attorney

If any such SC order is there, you are at liberty to ask the court to furnish a copy of the same as you are the aggrieved party. File a Memo before the lower court asking the court to furnish the details of Supreme Court order, as it was not found in the file.  And also inform the court that on the Docket it was mentioned as "as per the Supreme court order this case jurisdiction is at MP".  Serve a copy of the Memo to other side. 

 

Observe what is the reason the court give to you.  If there is SC order, the court will serve a copy to you as you are the effected party.  If there is no Supreme court order, you can file Contempt of Court proceedings against the inaction of the lower court in deciding the jurisdiction point. In addition to that you can file Civil Revision Petition before the HC against the order in respect of Memo.

 
Reply   
 

My objective was to understand without having any order from SC can family court judge decide that quoting some virtual order? without having any order copy attached in the case file.

some more date details that would help understanding it better-

May-2013 - Wife filed a maintenance case at family court at her native in MP post my MC and G&WC cases filed on Apr-2013. 

3 judges have been changed since than and below are there duration on the maintenance case-

Judge1- From:: May-2013, To:: Apr-2014

Judge2- From:: May-2014, To:: Mar-2015

Judge3- From:: Apr-2015, To:: Current

SC order to transfer my Karnataka cases (but that order was not for MP 2 cases but for only karnataka 2 cases) to Hyderabad was on Sep-2014.

Oct-2014 -submitted the SC order copy to the family court of MP and asked the court to decide the jurisdiction. that was not discussed till now.

 

Judge2, on the last hearing of his tenure with the maintenance case on 20-Mar-2015 pos the normal proceedings without discussing and informing to my advocate decided in the order sheet directly privately quoting SC order and there is no SC order copy for the said case attached in the case file, confirmed by the new Judge3.

 

Hope i am more clear now.

 
Reply   
 
system analyst

just you ask ask a ca copy of supreme court order it will not cost more do it immediately

 
Reply   
 
system analyst

and one more thing you approach the vigillance cell with all the facts.

 

show their faces there own mirrior this a good logic.

my email:slsridher388@gmail.com

 

i hvae used the same logic for file missing purpose after that automatically mi file came to the bench automatically.

 
Reply   
 

Thank you all for your valuable inputs.
 
Reply   
 

@Sufferer:  You have missed out one point while posting your story here.  You have stated that  the previous judge has passed an order without discussing with your advocate on the last day at his office which states thus: ""as per the Supreme court order this case jurisdiction is at MP"."

First point on the above order is that the judge has very properly passed an order stating that as per the orders of the Supreme Court, when the matter was analysed, the same is found to be within the jurisdiction of MP.  You can find this meaning when apply for copy of orders passed and peruse the orders properly, therefore the previous judge, in my opinion has not erred.

Second thing, the judge can hear the arguments of both the sides, he need not ask the opinion of advocates or counsels before passing orders, therefore your concern in this regard appears to be baseless or unwarranted.

Do not come to any conclusion on your own without analysing the facts and situation. 

 
Reply   
 
Scientist/Engineer

I am not a lawyer and I do not know what is right and what is wrong for judges to do. But according to my humble thinking any order of a judge has to be delivered in the open court. If at a particular hearing the judge had not made up his mind as to what order he should give, he should say so in the open court and adjourn the hearing for his order in the open court at the next hearing. If so the litigants will wait for the next hearing before any action on their part such as approaching the higher court. If a judge receives a transfer order he should not write an order on the file for next judge to deliver. He has to be transparent. I tend to agree with what Tajobsindia says about the conduct of the previous judge. There should be no surprises for the litigants.
 
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